Photography Copyright Contracts Model Releases Advertising Expert Witness.
PHOTOGRAPHY
EXPERT WITNESS
COPYRIGHT EXPERT WITNESS
PHOTOGRAPHY BUSINESS CONSULTANT
PROFESSIONAL NEGOTIATOR
LITIGATION SUPPORT
The following outlines my qualifications as an expert at appraising stock photo collections and as an expert on the production, handling, storage and marketing of stock photography, as well as the general business practices within the photography industry.
Professional Background
I was a full-time freelance photographer from 1963 through 1997 with the exception of one year when I was staff photographer for Aviation Week & Space Technology magazine. In addition to my continuing assignment work during this period, I licensed my own photographs as stock photographs directly to clients, and through picture agencies. From the late 1970's to the present my career has been focused on the production and marketing aspects of stock photography. Currently about 25% of my gross income is generated from the licensing of my personal stock photographs that were produced in the past.
My photographs have been used on more than 100 magazine covers including a Life cover and eleven Newsweek covers. In the period from 1976 through 1992 I had well over 10,000 individual sales of my stock photographs. Virtually all of these sales were licensed for one?time usage rights. In some cases the same photograph has been leased many times.
My assignment clients included: IBM, Atlantic Research Corporation, ATT, C&P Telephone, Satellite Business Systems, Bechtel, Litton, W.R. Grace, Martin Marietta, Union Carbide, Comsat, Pepsico, E.R. Squibb, Northrop, FMC Corporation, ASARCO, Owens Corning Fiberglas, GEICO, Bristol Myers, Shell, ARCO, Exxon, INA, General Electric, Booz-Allen Hamilton, Marathon Oil and various U.S. government agencies.
Over the years many picture agencies have represented my images. I am presently marketing my material through more than seven stock agencies and portals worldwide.
In 1993 my daughter and I established Stock Connection, a stock agency that handles the licensing of rights to images for more than 300 photographers. All the images we represent are promoted on one or more online portals.
Since 1997, I have devoted most of my time and energies to stock photo industry analysis and to reporting on those findings in my books and newsletters. I also do a great deal of private consulting on stock industry trends for individuals, stock agencies and other corporations.
Professional Organizations
I have been a member of the American Society of Media Photographers (ASMP) (for over 30 years), Professional Photographers of America, the National Press Photographers Association, Picture Agency Council of America, The American Society of Picture Professionals and the White House News Photographers Association.
In 1981 I helped establish the Mid-Atlantic Chapter of ASMP and served as vice president for two years and president for two years. I served on the national committee that produced ASMP's Stock Picture Handbook that was published in 1984. Beginning in May 1987, I served for two years as a national board member of ASMP. One aspect of ASMP's work is to help establish professional business practices for the production and marketing of photographs and it regularly publishes guidelines as to standard industry practices.
Publications
My first book, Vietnam In The Mud, was published by Bobbs-Merrill in 1967. In 1989 I self-published a pricing guide called Negotiating Stock Photo Prices to aid photographers in establishing reasonable rates for licensing rights to their images and to teach them negotiating techniques. This book was updated in 1992, 1995, 1997 and 2001 and is now the most widely used guide in North America when establishing stock photo prices. In 1994 I published Marketing Photography in the Digital Environment. I began regular publication of a bi-monthly newsletter for stock photographers in 1990. TAKING STOCK, later renamed SELLING STOCK, deals with the broad range of issues of interest to stock photographers. In 1996 with the introduction of SSOnline I began providing an expanded version of the information in the newsletter online. In order to publish these products, I am constantly interviewing industry sources and updating my knowledge of current industry trends. I visit other stock agencies around the country on a frequent basis.
Teaching
I have organized or been the principal speaker at seminars on stock photography and the business practices of photography. The locations of these seminars have been in New York, Chicago, Los Angeles, San Francisco, Atlanta, Boston, Washington, D.C., Cleveland, New Orleans, Miami, Tampa, Houston, Austin, Dallas, Kansas City, Anchorage, Honolulu, Portland (OR), Boulder (CO), Greensboro, Las Vegas and Wilkes-Barre
My stock photo operation was featured in Photo District News in February 1985 and I am regularly quoted in this publication on issues related to stock photography and pricing.
Consultations
One aspect of my business is that I am regularly paid to advise photographers and stock agencies on prices for unusual and unique uses. To answer such questions, I draw on my own personal experiences of 40 years in the industry, the contacts I have developed through participation in various professional associations and organizations, subscribers to my publications, and sources I have used in producing these publications.
Education
I attended Ohio University from 1954-56 where I majored in photography. I graduated from UCLA in 1963 with a BS in political science. I attended the U.S. Navy photo school in 1957. I attend seminars at PhotoPlus in New York annually, and other professional meetings to continue to upgrade my skills.
I have also taken a course on expert witnessing given by the Picture Archive Council of America and have been trained in the evaluation of the practices in photography.
Jim has qualified as an expert witness in a number of different areas related to stock photography. They include:
Evaluating a stock photo business for the purpose of sale.
Providing an expert valuation in the event of lost or damaged transparencies.
Providing an expert opinion on compensation when there has been an unauthorized use or copyright
infringement. (Photographers note: The chances of significant compensation are much better if the image was registered prior to the infringement.)
I have provided evaluations of a photographer's file for purposes of a divorce settlement.
In cases of medical mal-practice I have provided an evaluation of a photographer's future income potential for the purpose of settlement.
Providing opinion on the standard business practices in the industry related to the storage, handling and marketing of stock images.
Guidance in estate planning relating to the value an image file, and placing a value on such files for estate tax purposes.
The current fee for any of these services is $200 per hour. I charge for actual time with no minimum. (In phone consultations, the caller must initiate the phone call so the charges are made to his/her number.)
Expert witness photography experts copyright contracts licensing business publicity rights professional advertising photographer model releases stock
Evaluating a stock photo business for the purpose of sale.
Providing an expert valuation in the event of lost or damaged transparencies.
Providing an expert opinion on compensation when there has been an unauthorized use or copyright infringement. (Photographers note: The chances of significant compensation are much better if the image was registered prior to the infringement.)
We have provided evaluations of a photographer's file for purposes of a divorce settlement.
In cases of medical mal-practice I have provided an evaluation of a photographer's future income potential for the purpose of settlement.
Providing opinion on the standard business practices in the industry related to the storage, handling and marketing of stock images.
Guidance in estate planning relating to the value an image file, and placing a value on such files for estate tax purposes
The following outlines my qualifications as an expert at appraising stock photo collections and as an expert on the production, handling, storage and marketing of stock photography, as well as the general business practices within the photography industry. Professional BackgroundI was a full-time freelance photographer from 1963 through 1997 with the exception of one year when I was staff photographer for Aviation Week & Space Technology magazine. In addition to my continuing assignment work during this period, I licensed my own photographs as stock photographs directly to clients, and through picture agencies. From the late 1970's to the present my career has been focused on the production and marketing aspects of stock photography. Currently about 25% of my gross income is generated from the licensing of my personal stock photographs that were produced in the past. My photographs have been used on more than 100 magazine covers including a Life cover and eleven Newsweek covers. In the period from 1976 through 1992 I had well over 10,000 individual sales of my stock photographs. Virtually all of these sales were licensed for one?time usage rights. In some cases the same photograph has been leased many times. My assignment clients included: IBM, Atlantic Research Corporation, ATT, C&P Telephone, Satellite Business Systems, Bechtel, Litton, W.R. Grace, Martin Marietta, Union Carbide, Comsat, Pepsico, E.R. Squibb, Northrop, FMC Corporation, ASARCO, Owens Corning Fiberglas, GEICO, Bristol Myers, Shell, ARCO, Exxon, INA, General Electric, Booz-Allen Hamilton, Marathon Oil and various U.S. government agencies. Over the years many picture agencies have represented my images. I am presently marketing my material through more than seven stock agencies and portals worldwide. In 1993 my daughter and I established Stock Connection, a stock agency that handles the licensing of rights to images for more than 300 photographers. All the images we represent are promoted on one or more online portals. Since 1997, I have devoted most of my time and energies to stock photo industry analysis and to reporting on those findings in my books and newsletters. I also do a great deal of private consulting on stock industry trends for individuals, stock agencies and other corporations. Professional OrganizationsI have been a member of the American Society of Media Photogr
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